Sri. Thimmegowda v. Chikkathayamma

Karnataka HC25 Nov 2025RSA/968/2016

Case brief

AI extract

What is this about?

RSA No. 968 of 2016 (DEC/INJ), High Court of Karnataka, decided 25.11.2025 by Dr. Justice K. Manmadha Rao — appeal dismissed for non-prosecution; appellant Sri. Thimmegowda absent despite personal service of Court notice issued 04.01.2024; challenge to first appellate judgment/decree dated 19.12.2015 in RA No.110/2012 (V Addl. District and Session Judge, Mandya) which had set aside trial court judgment/decree dated 31.07.2012 in OS No.234/2006 (Senior Civil Judge and JMFC, Malavalli); filed under Sec. 100 CPC; no merits or issues adjudicated.

What did the court decide?

The appellant, though duly served with Court notice, did not prosecute the matter, and the Court therefore concluded that the appellant was not interested in prosecuting the matter. ¶¶29

Sri. Thimmegowda Vs Chikkathayamma — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:48863 RSA No. 968 of 2016

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 968 OF 2016 (DEC/INJ)

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BETWEEN:

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SRI. THIMMEGOWDA S/O LATE GIRIGOWDA AGED 64 YEARS R/O BOLEGOWDANA HUNDI VILLAGE, SOSALE HOBLI, T N PURA TALUK, MYSORE DISTRICT- 571 408.

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…APPELLANT

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(BY SRI.THIMMEGOWDA- APPELLANT (ABSENT))

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AND:

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CHIKKATHAYAMMA W/O LATE RAMEGOWDA AGED 69 YEARS

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Digitally signed by SHARADAVANI B

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Location: High Court of Karnataka

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T R KRISHNA S/O LATE RAMEGOWDA AGED 44 YEARS

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BOTH ARE R/O NO.1303, ANITHA CONVENT ROAD, MALAVALLI - 571 438

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…RESPONDENTS

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(BY SMT. ARCHANA MURTHY P AND REENA R., ADVOCATE)

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.12.2015 PASSED IN RA NO.110/2012 ON THE FILE OF THE V ADDL. DISTRICT AND SESSION JUDGE, MANDYA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED

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NC: 2025:KHC:48863 RSA No. 968 of 2016

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HC-KAR

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31.07.2012 PASSED IN OS NO.234/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., MALAVALLI.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

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ORAL JUDGMENT

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None appears for the appellant and learned counsel for the respondents present.

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On perusal of the order sheet, it appears that, this Court vide order dated 04.01.2024, issued Court notice to the appellant. As per the Court notice report received from the Senior Civil Judge and JMFC, T. Narasipura, the Court notice was personally served on the appellant.

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When the matter is listed today, there is no representation on behalf of the appellant. Though the Court notice was duly served, the appellant has not chosen to prosecute the matter. It therefore appears that the appellant is not interested to prosecute the matter.

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NC: 2025:KHC:48863 RSA No. 968 of 2016

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HC-KAR

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Accordingly, this appeal is dismissed for non-

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prosecution .

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Sd/(DR.K.MANMADHA RAO) JUDGE

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